J. M. Malik, Presiding Member—The report of the Surveyor towers above the rest unless it is shown that his action is mala fide or stems out of an ulterior motive.

2. M/s Western Tobacco Limited, the complainant-company transacts the business of manufacture of cigarettes and deals in export of cigarettes and cut tobacco. The complainant obtained two insurance policies from M/s United India Insurance Company Ltd., opposite party. Unfortunately, the fire broke out at the factory of the complainant during the night falling between 28-29th August, 2003 causing extensive damage to the raw material, building, plant and machinery. The police and the OP were apprised of the facts immediately.

3. The Branch Manager of the insurance company/OP 2 appointed Shri Amit Rupal, Surveyor and loss assessor for the ascertainment of the loss sustained by the fire. The said surveyor visited the site on 29.8.2003 when the fire was still on. According to the complainant, it sustained loss to the tune of Rs.2,72,02,341.840/- concerning raw material, Rs.1,03,87,399.50 towards imported raw material total being Rs.3,75,89,741.430/-. The complainant also sustained loss of Rs. 30 lakh on account of loss of b